Portefini Inc. Terms of Service

Effective Date: November 20, 2019

Portefini, which includes Portefini.com and related web, mobile and other software programs and applications (collectively the "Site"), is owned by Portefini, Inc., a Delaware corporation (the "Company", "we" or "us"). In order to use Portefini, the Site, or any Services offered, you must agree to be bound by the most recent version of the Terms of Service available on Portefini.com (the "Terms"). If you do not agree to the Terms, you cannot use Portefini or any Services offered. We may change these Terms at any time. The Company will alert you to an update in the Terms by posting notice of the update on Portefini.com for a reasonable period of time.

  1. Using Portefini Services
    1. Portefini provides a web and app-based Service ("Service(s)"), which allows customers to shop for a variety of e-commerce products, place orders to purchase such products, and have said products delivered directly to their home, or another address of their choice.
    2. We have established certain rules designed to make the use of the Services offered by Portefini a great experience for everyone. We promise to respect and protect users who abide by these rules. Failure to abide by these rules may result in termination of your access to Portefini and Services offered, and reporting of abuse to appropriate law enforcement authorities. By using this Service, you agree to the following rules:
      1. In order to use the Services, you must be 13 years old or older (or the age of consent set by applicable law) and be of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). Products for children's use may be sold by Merchants; however, these Products are intended for sale to adults. Certain products may be intended for individuals of certain ages or "mature audiences" only. By ordering such items, you certify that you are old enough to view, use or own such mature items. Portefini has no liability to you for third party content that you find to be offensive, indecent, or objectionable.
      2. You are not permitted to use the Services if: (a) You cannot enter into a binding contract with Portefini; (b) You are located in a country embargoed by the United States or if you are on a U.S. Agency list of prohibited persons or entities, such as the Treasury Department's list of Specially Designated Nationals; or (c) you have previously been banned from using any of our Services, unless we have reversed that ban, in our sole discretion
      3. You may be required to create an account, and select a password and user name.
      4. You will follow any and all applicable laws, rules, and regulations when using the Services offered by Portefini.
      5. You hereby certify that any and all information that you provide to Portefini when enrolling in the Services is accurate, complete, and truthful.
      6. You will not use the Service to assist in stalking, harassing, intimidating, or harming any other person or business.
      7. You will not use the Service to assist you (or anyone else) in partaking in any illegal activities.
      8. You will not index, crawl, decompile, scrape, or reverse engineer any part of the web, mobile application or any other platform or Service offered by Portefini.
      9. You will not interfere with, attempt to interfere with, or assist anyone else in interfering with or disrupting Portefini's security or network.
    3. Portefini shall not be held liable or responsible for any losses, expenses, damages, or costs you incur through using the Portefini service, and you agree to defend and hold harmless Portefini for any such losses.
    4. We can terminate or restrict your use of the Service at any time and for any reason. If you create an account with Portefini, we may block your account at any time. This policy is in place to keep Portefini and the Services we offer, fun and safe for everyone.
    5. We reserve the right to discontinue or modify Portefini or the Services offered at any time. We may not provide advanced notice if this happens.
  2. SHARING AND USE OF INFORMATION
    1. Users will be required to create an account with Portefini in order to access and use some of the Services offered. In order to create an account with Portefini, certain personal information about you may be requested, which may include but not be limited to:
      1. Your full name;
      2. Your date of birth;
      3. Your country of residence and specific physical address therein;
      4. Your contact information;
      5. Payment information;
      6. Social media profile and account information;
      7. Email platform information; and
      8. Other similar personal information.
    2. You will be required to create a username and password, which will help to protect your account from any unauthorized access. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. It is your sole responsibility to guard and protect this login information. We are not responsible for any activities or damages resulting from any unauthorized use of your account.
  3. Third-Party Interactions
    1. In order to offer a wide variety of our customer’s favorite products, we partner with a multitude of trusted Third-Party Merchants, to help expand our reach in the value we provide to our Users. Some of the products and offerings shown on the Site, may be products which are produced and sold by our Third-Party Merchants. In the case of such products being offered by Merchants with whom we have partnered, we will display those products on our Site, and allow our Users to browse through the various Merchant’s products prior to leaving our Site. Upon making the election to purchase a product offered by our Third-Party Merchants, the User will then be redirected from our Site to the checkout page of our Third-Party Merchant’s website. The purchase of such products offered by our Merchant partners will take place on the Merchant’s website, which we do not control, and thus, such purchases and interactions will be subject to the terms and conditions and privacy policies of the Third-Party Merchant with whom the User interacts.
    2. While we do have control over which Merchants we choose to partner with, we can not control the actual activities or procedures thereof, since we do not own or operate the websites of such Merchants. As such, Portefini hereby expressly disclaims any and all liability for any damages, costs, or expenses arising out of your interactions with any Third-Party websites, or any links included therein.
  4. Payments
    1. When using the Services offered by Portefini, and upon electing to make a purchase, you will be required to input your valid and current payment information. Depending upon the products ordered, and from which portion of the Site the products were derived, your payments may be processed by one particular payment processor, or a collection thereof. By using the Services offered, you hereby expressly consent, agree, and authorize Portefini to perform and carry out any of the following methods of processing any orders you have placed on the Site or platform, and you hereby acknowledge that such methods may vary based on product selection, in addition to other contributing factors:
      1. Orders Placed Directly Through Portefini: Depending on the product line, and from which portion of the Site the products are derived, the election to purchase certain products may result in the requirement of a direct payment to Portefini. Through your use of the Services, you hereby authorize us to charge your credit card or other acceptable payment method elected, for the amount due for the products ordered, as shown on the "checkout page." We use multiple forms of protection and security on our website and platforms to ensure protection of your payment information you provide. In order to process payments for purchases made directly through Portefini, we currently use the third-party payment processor Stripe and their privacy policy can be found on their website: https://stripe.com/privacy.
      2. Orders Placed On Third-Party Merchant Sites on Your Behalf: Depending on the product line, and from which portion of the Site the products are derived, the election to purchase certain products may result in Portefini making purchases from Third-Party Merchant Sites on your behalf. In such instances, the product and the color/sizing variants thereof would be selected by you, directly on the Portefini platform. Payment will be made directly through Portefini, using a third-party payment processor Stripe and their privacy policy can be found on their website: https://stripe.com/privacy. Your total shown and the payment made through Portefini will be a "authorized" payment, in an amount estimated using highly advanced estimation tools, which assist in the anticipation and calculation of certain sales tax and shipping costs to send the product to your particular location, depending on which Merchant the product ordered is physically processed through. Upon placing the order, this "authorized" payment will temporarily block or secure the amount authorizedin your account. Upon receipt of your order and "authorized" payment therefor, Portefini will then place the order for the product on your behalf, directly through the appropriate Merchant, at which time the finalized amount of sales tax and shipping costs will be calculated and determined. The initial "authorized" payment made to Portefini will then be adjusted to accurately account for the sales tax and shipping costs, and this finalized amount will be the amount which is ultimately charged, and displayed on your bank or payment app statement.
      3. Orders Placed Directly On Third-Party Merchant Sites: Depending on the product line, and from which portion of the Site the products are derived, the election to purchase certain products may result in the redirection to one of our trusted Merchant websites, whereby you will be able to complete the purchase of the desired products through the checkout page of the designated Merchant website. This will require a direct payment to be made to the designated Merchant website. As such, through your use of the Services, you hereby authorize such Third-Party Merchants to charge your credit card or other acceptable payment method elected, for the amount due for the products ordered, as shown on the Third-Party Merchant’s "checkout page," when the orders are being placed through such Merchant’s websites, and you hereby consent and agree to be bound by the terms of service and privacy policies of such Third-Party Merchants. Such Third-Party Merchant websites may contain other links for purchases of products or services which were not shown on the Portefini platform. When exploring such options, please exercise caution and do not give your credit card number or sensitive payment information to someone you do not trust.
  5. User Information
    1. In order to effectively facilitate or improve the Services we offer, we may need to use the information you submit to Portefini (collectively, the "Information"). The protection of our Users’ personal information is extremely important to us. While we may use such Information to learn about your interests and to help us facilitate and improve the Services, we will only share such information as detailed in these Terms and in our Privacy Policy. We are very serious about user information protections and promise to never use your sensitive information in any other way.
    2. You or we may update, delete, or modify your Information at any time. It is your responsibility to ensure that you keep your User Information up-to-date in our system. In order to update your Information in the event of any changes, please email your request to: support@portefini.com.
  6. Security and Safety
    1. Your security and safety are hugely important to us. While we have put many precautions in place to ensure the safety of your information and browsing devices while using our Services, please do not assume that your information and devices are fully secured in all actions you take on the internet. Use common sense and the tools and filters Portefini provides to make sure you feel safe and secure in using the Services offered.
    2. In the event that you believe that another user of our Services is violating these Terms or creating on unsafe or unwelcome environment on Portefini, please let us know immediately. You can contact us by email at support@portefini.com, or directly on Portefini.com through the platform.
  7. Intellectual Property
    1. We ask that you respect the intellectual property of Portefini. All materials available through Portefini, including (but not limited to) the name Portefini and our logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other rights which are owned by or licensed to our Company. You agree not to copy, reproduce, duplicate, display, or otherwise distribute these materials without our written permission.
    2. Please also respect the intellectual property rights of others. You agree not to use Portefini’s Services to transmit any intellectual property that you are not authorized to transmit.
  8. LIMITATION OF DAMAGES
      PORTEFINI IS A PLATFORM FOR ONLINE SHOPPING, PURCHASING, AND EXPLORING A VARIETY OF GARMENTS AND FASHION-RELATED PRODUCTS. WE DO NOT PROVIDE OR ENDORSE ANY ACTIVITIES PARTAKEN BY USERS OF THE PORTEFINI SERVICES.
      THEREFORE:
    1. IN NO EVENT WILL PORTEFINI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTIONS IN SERVICE, LOSS OR CORRUPTION OF DATA OR PROGRAMS, OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF PORTEFINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PORTEFINI BE LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, OR THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING (WITHOUT LIMITATION) DEATH, INJURY, OR EMOTIONAL DISTRESS. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM (I) ACCESSING CERTAIN WEBSITES THROUGH THE USE OF THE SERVICES, (II) COMMUNICATING WITH OTHER USERS WHILE USING THE SERVICES OR (III) PARTICIPATING IN ANY EVENT OR ACTIVITY YOU LEARNED ABOUT THROUGH THE PORTEFINI SERVICES.
    3. THE SERVICES OF PORTEFINI AND ANY PRODUCTS THEREOF ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, QUALITY, OR SAFETY.
  9. Additional Terms
    1. ou hereby agree to indemnify, defend, and hold harmless Portefini, its affiliates, partners, members, owners, officers, and directors from and against any and all claims, damages, or liabilities related to (i) your breach of these Terms, (ii) your use of the Portefini Services or (iii) your interaction with any third parties or third party websites, through the use of the Portefini Services.
    2. These Terms shall be governed and construed in accordance with the laws of the State of New York without regard for the conflict of law provisions. Any dispute arising hereunder, or related to the terms hereof, shall be brought exclusively in the state or federal courts located in New York.
    3. Portefini uses or may use certain features of the device on which you access the Services from. You agree that Portefini may access these features, and further agree that you may be charged by your phone, Internet, or data provider for the use of these Services. You hereby acknowledge and understand that you will be fully responsible for any charges incurred through your use of the Portefini Services.
    4. Portefini may provide you with administrative notices regarding Portefini or the Services via email. You hereby expressly consent to receive such emails. You may remove yourself from our email list by following the "unsubscribe" instructions in the email correspondence you receive from us.
    5. These Terms and our Privacy Policy, now incorporated herein, represent the full, final, and complete agreement between you and Portefini regarding your use of the Services.
    6. If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall continue in full force and effect to the maximum extent legally permissible.
    7. The delay or failure of either party hereunder to exercise or enforce any right or provision of these Terms, shall in no way constitute a waiver of such rights.
    8. If you do not understand any of the Terms listed above, or if you have any questions or comments about such Terms, we encourage you to please contact us via email at: support@portefini.com.
  10. Notice To California Residents
    1. Under California Civil Codes, California residents are entitled to additional specific consumer rights information. To file a complaint regarding the Services or to receive further information regarding use of the Services, including to cancel your Services, please email us at support@portefini.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.